Common use of CPE Clause in Contracts

CPE. 7.1.1 Service is only compatible with the CPE which is ‘Tata Sky’ branded and is procured by the Subscriber either (i) directly from the Company or (ii) through the authorised distributor or dealer of the Company. The Subscriber is informed that the Service cannot be operated or availed by the Subscriber without the CPE. Once subscriber has given his consent for purchase of CPE, the Company will install a suitable CPE for Subscriber at his/her Address to facilitate provision of and use of the Services. To use the CPE, the Subscriber will need compatible Incidental Accessories such as television sets and/or services of third party for Installation (for example, technician or electrician). Company will endeavour to inform the Subscriber in advance if such services are required during the Installation. Company shall not be responsible for actions of any such third-party service provider of the Subscriber. 7.1.2 The Company may give an option to the Subscriber to opt for CPE without ODU. In the event, the Subscriber opts for CPE without ODU, then (i) the Subscriber shall be solely responsible to arrange for ODU which is compatible with the CPE provided by the Company to enable the Subscriber to avail the Services and/or (ii) the Subscriber shall be solely responsible to pay all costs, charges and expenses in connection with the ODU including without limitation costs, changes and expenses for procurement, installation, maintenance of the ODU and/or (iii) the Warranty or the Annual Maintenance Service (if any) given by the Company for the CPE will not be applicable for the ODU procured by the Subscriber. In the event the Subscriber opts for CPE without ODU, then it shall be deemed to be construed that Subscriber has all the right and authority to use the ODU to avail the Services of the Company. The ownership of the ODU will continue to vest with the Subscriber. Further, the Subscriber opting for such an offer shall be solely responsible for all matters related to the ODU and shall indemnify the Company against all claims, damages, obligations, losses, liabilities, and expenses (including but not limited to attorney's fees) arising from the use of the ODU including without limitation ownership claims from any third party or any other claim of misappropriation or theft of the ODU. The ODU supplied by the Subscriber shall be considered as Incidental Accessories provided by the Subscriber and all the terms and conditions of this Contract relating to Incidental Accessories shall apply to the ODU including clause 7.2 below.

CPE. 7.1.1 Service is only compatible with the CPE which is ‘Tata Sky’ branded and is procured by the Subscriber either TaandtisaprocSurekd yby’the Sbubrscraibenr editheerd (i) directly from the Company or (ii) through the authorised distributor or dealer of the Company. The Subscriber is informed that the Service cannot be operated or availed by the Subscriber without the CPE. Once subscriber has given his consent for purchase of CPE, the Company will install a suitable CPE for Subscriber at his/her Address to facilitate provision of and use of the Services. To use the CPE, the Subscriber will need compatible Incidental Accessories such as television sets and/or services of third party for Installation (for example, technician or electrician). Company will endeavour to inform the Subscriber in advance if such services are required during the Installation. Company shall not be responsible for actions of any such third-party service provider of the Subscriber. 7.1.2 The Company may give an option to the Subscriber to opt for CPE without ODU. In the event, the Subscriber opts for CPE without ODU, then (i) the Subscriber shall be solely responsible to arrange for ODU which is compatible with the CPE provided by the Company to enable the Subscriber to avail the Services and/or (ii) the Subscriber shall be solely responsible to pay all costs, charges and expenses in connection with the ODU including without limitation costs, changes and expenses for procurement, installation, maintenance of the ODU and/or (iii) the Warranty or the Annual Maintenance Service (if any) given by the Company for the CPE will not be applicable for the ODU procured by the Subscriber. In the event the Subscriber opts for CPE without ODU, then it shall be deemed to be construed that Subscriber has all the right and authority to use the ODU to avail the Services of the Company. The ownership of the ODU will continue to vest with the Subscriber. Further, the Subscriber opting for such an offer shall be solely responsible for all matters related to the ODU and shall indemnify the Company against all claims, damages, obligations, losses, liabilities, and expenses (including but not limited to attorney's fees) arising from the use of the ODU including without limitation ownership claims from any third party or any other claim of misappropriation or theft of the ODU. The ODU supplied by the Subscriber shall be considered as Incidental Accessories provided by the Subscriber and all the terms and conditions of this Contract relating to Incidental Accessories shall apply to the ODU including clause 7.2 below.

CPE. 7.1.1 7.1 The Service is only compatible with may include the provision by EQUANT of CPE. EQUANT warrants that it has the right to provide or procure the provision of the CPE which is ‘Tata Sky’ branded to Customer, its Associated Companies and is procured End Users and that all such persons will have the right to use all CPE so provided for the duration of this Agreement. 7.2 EQUANT shall connect the CPE at the Locations on dates and times to be agreed by the Subscriber either (i) directly from parties. Should connection require the Company removal or (ii) through disconnection of any existing CPE of Customer or its End Users, Customer shall permit, and obtain all necessary consent for the authorised distributor removal or dealer disconnection of such equipment and shall give EQUANT all necessary assistance to enable such work to be carried out. 7.3 Charges for each item of CPE at a Location shall, in accordance with Schedule 2, commence on the Date of Acceptance of the Company. The Subscriber is informed Service at a Location and unless otherwise stated in this Agreement, shall continue for a minimum period of **, provided that the no CPE charges shall be payable with respect to CPE if this Agreement or any Service cannot be operated or availed under this Agreement has been terminated by the Subscriber without the CPE. Once subscriber has given his consent for purchase of CPE, the Company will install a suitable CPE for Subscriber at his/her Address Customer pursuant to facilitate provision of and use of the Services. To use the CPE, the Subscriber will need compatible Incidental Accessories such as television sets and/or services of third party for Installation (for example, technician or electrician). Company will endeavour to inform the Subscriber in advance if such services are required during the Installation. Company shall not be responsible for actions of any such third-party service provider of the SubscriberClause 3.2. 7.1.2 7.4 The Company may give an option to CPE shall at all times remain the Subscriber to opt for CPE without ODU. In the event, the Subscriber opts for CPE without ODU, then (i) the Subscriber sole and exclusive property of EQUANT or its Sub-Contractors and Customer shall be solely responsible to arrange for ODU which is compatible with have no property rights or interest in the CPE provided by the Company to enable the Subscriber to avail the Services and/or (ii) the Subscriber but shall be solely responsible to pay all costs, charges and expenses in connection with the ODU including without limitation costs, changes and expenses for procurement, installation, maintenance of the ODU and/or (iii) the Warranty or the Annual Maintenance Service (if any) given by the Company for the CPE will not be applicable for the ODU procured by the Subscriber. In the event the Subscriber opts for CPE without ODU, then it shall be deemed to be construed that Subscriber has all have the right to quiet possession and authority the right to use the ODU to avail the Services of the Company. The ownership of the ODU will continue to vest with the Subscriber. Further, the Subscriber opting for such an offer shall be solely responsible for all matters related to the ODU and shall indemnify the Company against all claims, damages, obligations, losses, liabilities, and expenses (including but not limited to attorney's fees) arising from the use of the ODU including without limitation ownership claims from any third party or any other claim of misappropriation or theft of the ODU. The ODU supplied by the Subscriber shall be considered as Incidental Accessories provided by the Subscriber and all CPE under the terms and conditions of this Contract relating to Incidental Accessories Agreement. 7.5 Customer shall apply have the following obligations with respect to the ODU including clause 7.2 belowCPE: 7.5.1 not to sell, assign, sub-let, pledge or part with possession or control of the CPE or any interest therein; 7.5.2 not to change, remove or obscure any labels, plates, insignia, lettering or other markings which are on the CPE at the time of its connection or which may afterwards be placed on the CPE by EQUANT or by any person authorised by EQUANT; 7.5.3 to keep the CPE free from distress, liens or claims of lien. 7.5.4 not to move the CPE from the Location to which it was delivered and connected without EQUANT's prior written consent; 7.5.5 not to use the CPE or permit it to be used contrary to any law or any regulation for the time being in force; 7.5.6 to ensure that proper environmental conditions as recommended by EQUANT are maintained for the CPE and that the exterior surfaces are kept clean and in good condition; 7.5.7 not to make any modifications to the CPE; 7.5.8 to insure the CP for its full replacement value for the duration of this Agreement; 7.5.9 to provide EQUANT with all reasonable access to the Locations in order to comply with its responsibilities pursuant to Clause 7.7. 7.6 Upon termination or expiration of this Agreement, Customer shall surrender possession of the CPE in good order, repair and condition, reasonable wear and tear excepted, to EQUANT. 7.7 Subject to Clause 7.5, EQUANT shall ensure that the CPE is in good working order at the time of commissioning, and remains in good working order for the duration of this Agreement. If a Service fault occurs which has been caused by a failure in the CPE, EQUANT shall repair the fault as soon as possible following notification of the fault by Customer or detection of the fault by EQUANT, whichever first occurs. If a visit to a Location is required, within ** of notification by Customer, EQUANT shall ensure that a Sub-Contractor arrives at the affected Location and commences any remedial activities provided: (a) the notification is received, and the call for repair can be made during the normal business day of the Sub-Contractor located nearest to the affected Location; and (b) the Location is situated within a ** mile radius of the nearest EQUANT service center ("Normal Service"). Remedial service on CPE other than Normal Service shall be carried out by EQUANT through its Sub-Contractors as soon as is practicably possible, taking into account availability of service personnel, the time and date of Customer's notification and the country concerned. 7.8 Any visits to a Location or repairs to CPE made necessary by: (a) damage to the CPE not caused by EQUANT or a Sub-Contractor; (b) interventions other than normal interventions carried out by non-EQUANT personnel; (c) modifications to the CPE which have not been approved by EQUANT or have been carried out by personnel unapproved by EQUANT; (d) improper treatment of the CPE by Customer or an End User; (e) failure by Customer or its End User to meet the CPE manufacturer's specifications as advised by EQUANT to Customer on environmental conditions; (f) negligence on the part of Customer or its End User; or (g) any force majeure event, shall entitle EQUANT to increase its charges for the Service at the affected Location, such increase in charges to be equal to the actual and reasonable cost to EQUANT of restoring the Service.

CPE. 7.1.1 Service is only compatible with the CPE which is ‘Tata Sky’ branded and is procured by the Subscriber either (i) directly from the Company or (ii) through the authorised distributor or dealer of the Company. The Subscriber is informed that the Service cannot be operated or availed by the Subscriber without the CPE. Once subscriber has given his consent for purchase of CPE, the Company will install a suitable CPE for Subscriber at his/her Address to facilitate provision of and use of the Services. To use the CPE, the Subscriber will need compatible Incidental Accessories such as television sets and/or services of third party for Installation (for example, technician or electrician). Company will endeavour to inform the Subscriber in advance if such services are required during the Installation. Company shall not be responsible for actions of any such third-party service provider of the Subscriber. 7.1.2 The Company may give an option to the Subscriber to opt for CPE without ODU. In the event, the Subscriber opts for CPE without ODU, then (i) the Subscriber shall be solely responsible to arrange for ODU which is compatible with the CPE provided by the Company to enable the Subscriber to avail the Services and/or (ii) the Subscriber shall be solely responsible to pay all costs, charges and expenses in connection with the ODU including without limitation costs, changes and expenses for procurement, installation, maintenance of the ODU and/or (iii) the Warranty or the Annual Maintenance Service (if any) given by the Company for the CPE will not be applicable for the ODU procured by the Subscriber. In the event the Subscriber opts for CPE without ODU, then it shall be deemed to be construed that Subscriber has all the right and authority to use the ODU to avail the Services of the Company. The ownership of the ODU will continue to vest with the Subscriber. Further, the Subscriber opting for such an offer shall be solely responsible for all matters related to the ODU and shall indemnify the Company against all claims, damages, obligations, losses, liabilities, and expenses (including but not limited to attorney's fees) arising from the use of the ODU including without limitation ownership claims from any third party or any other claim of misappropriation or theft of the ODU. The ODU supplied by the Subscriber shall be considered as Incidental Accessories provided by the Subscriber and all the terms and conditions of this Contract relating to Incidental Accessories shall apply to the ODU including clause 7.2 below.